The Kerala High Court on Monday closed a petition challenging the appointment of Advocate Girija Gopal as standing counsel for Kerala University by the Vice-Chancellor after noting that the previous standing counsel, Advocate Thomas Abraham, had resigned.

Justice Bechu Kurian Thomas held that the petition had become infructuous in view of Abraham’s resignation. However, the court left open the legal question raised in the petition.

“The respondent University has filed a memo producing a copy of the resignation letter of the earlier Standing Counsel. On a perusal of the said letter, it is evident that the erstwhile standing counsel has tendered his resignation. In view of the above, the relief sought for in the writ petition has become infructuous. However, the question raised in the writ petition is left open for consideration in an appropriate case. Closed,” the court observed.

Advocate Thomas Abraham was appointed as the University’s standing counsel by the Syndicate in 2016. On June 29, the Vice-Chancellor terminated his appointment and appointed Advocate Girija Gopal as standing counsel by invoking powers under Section 10(13) of the Kerala University Act, 1974.

The petition challenged the Vice-Chancellor’s decision, contending that under Chapter 40 of the Kerala University First Statutes, 1977, the Syndicate is the competent authority to appoint the University’s standing counsel.

It argued that the Vice-Chancellor could invoke powers under Section 10(13) only when the Syndicate was not in session and only in cases of genuine urgency. The petition, therefore, contended that the appointment was legally unsustainable and amounted to an abuse of power by bypassing the Syndicate.

However, during the pendency of the case, Advocate Thomas Abraham resigned, rendering the petition infructuous.

The petition was filed by Advocates Asif M A and Gautham H Senior Advocate George Poonthottam and Advocate Nisha George appeared for the University and the Vice-Chancellor.
(With LiveLaw inputs)